Conflicts, causation and the limits of Brickenden
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
Powers of Attorney – an ‘enduring’ source of liability for solicitors
A discussion of Reilly v Reilly [2017] NSWSC 1419 and restrictions on Powers of Attorney imposed by the general law. By GREG COUSTON and TONY…
Watch your inbox! Online Court has arrived
Online Court has its advantages but solicitors must keep on top of their emails to avoid the risks of costs orders and dismissal of proceedings….
Under pressure: the link between risk and stress
It is important to recognise the close relationship between stress and the increased risk of a professional negligence claim. By CANDICE PERRIMAN.
Estate planning traps: binding death benefit nominations and enduring powers of attorney
The authority of an enduring attorney is expressed differently in each jurisdiction. But a Queensland decision may have relevance in New South Wales. By JEN…
Limitation periods in equity – taking an analogous approach
Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.
Who do you think they are? Identifying your client
A recent case emphasises the importance of identifying clients before witnessing their signatures on loan and associated security documents. By TONY REYNOLDS and DEBORAH MORRIS.
Is your practice ready for e-conveyancing?
Be proactive in transitioning to the new regime and remember to review funds transfer processes and confirm payment instructions by multiple methods. By SIMONE HERBERT-LOWE.
Practical tips for executors where there has been an active enduring power of attorney
If the deceased’s affairs were being managed under an enduring power of attorney before death, testate administration can be significantly more complicated. By JEN MCMILLAN.
Managing cyber risk – practical guidance
Managing cyber risk is an integral part of legal practice. By SIMONE HERBERT-LOWE.
Has your negligence caused a loss?
To succeed in a claim for professional negligence the claimant must prove three basic elements. By TONY REYNOLDS and PAUL KOZUB.